Monte et al v. Lodi et al

Filing 31

ORDER signed by District Judge Morrison C. England, Jr., on 7/18/18, ORDERING that the causes of action set forth by Patricia Monte are hereby DISMISSED with prejudice. This case shall proceed on Plaintiffs' remaining causes of action. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY MONTE, et al.,

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Plaintiffs,

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v.

No. 2:17-cv-00411-MCE-DB

ORDER

CITY OF LODI, et al.,

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Defendants.

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On July 9, 2018, this Court filed a Memorandum and Order (ECF No. 30) granting

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Defendant’s Motion to Dismiss (ECF No. 28) without leave to amend and directing the

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parties that any motion to substitute a proper party for Plaintiff Patricia Monte, who is

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deceased, must be filed within five (5) days. The Court expressly advised Plaintiffs that

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“[i]f no such Motion is timely filed, the causes of action brought on behalf of Patricia will

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be dismissed without leave to amend upon no further notice to the parties.” Id. at 2.

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No Motion to Substitute has since been filed. Accordingly, the causes of action

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set forth by Patricia Monte are hereby DISMISSED with prejudice. This case shall

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proceed on Plaintiffs’ remaining causes of action.

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IT IS SO ORDERED.
Dated: July 18, 2018

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